Introduction With merger control regimes in place in a very large number of jurisdictions around the world - all EU Member States but one and an increasing number of countries worldwide have merger control regimes - the topic of mergers and joint ventures encompasses numerous issues and questions of jurisdiction, procedure, substance and policy, at both national and EU level. These issues (...)
Mergers & Joint ventures
Mergers
The Saudi Arabian Competition Authority announces key changes to its merger control notification thresholds
Saudi Arabia’s General Authority for Competition recently announced key changes to its merger control notification thresholds, adding a new local nexus test and a new minimum turnover threshold for the acquired entity. This is a significant development in parallel to the GAC’s increasingly (...)
The Saudi Arabian Competition Authority releases new merger control thresholds and provides further clarity on the local nexus test required for a transaction to be notifiable
In brief
On 1 November 2023, the Board of the General Authority for Competition (the "Authority") announced that new financial thresholds would apply to determine whether a transaction is reportable to the Authority.
By implementing such change, the aim of the Authority is to provide (...)
The Brazilian Competition Authority clears the acquisition of certain assets of a shared pool that aims to receive, store, and dispatch petroleum-derived goods and biofuels in Brazil by a closed corporation that engages in commercial activities through franchises (Ipiranga / Vibra Energia / Sabbá)
CADE clears sale of 33.3% of Pool of Marabá to Ipiranga*
Vibra Energia, Sabbá, and Ipiranga will each hold a share of 33.3%
The Office of the Superintendent General of CADE (SG/CADE) cleared Ipiranga’s acquisition of 33.3% of goods, assets, and operational capacity of the Pool of Marabá, (...)
The Australian Competition Authority issues a draft determination proposing to deny authorisation to two airlines to continue coordinating operations between Australia and mainland China (Qantas / China Eastern)
The ACCC proposes to deny coordination between Qantas and China Eastern*
The ACCC has issued a draft determination proposing to deny authorisation for Qantas Airways Ltd and China Eastern Airlines Corporation Limited and their related entities (including Jetstar) to continue coordinating (...)
The Brazilian Competition Authority conditionally approves a 14-year extension term for the activities of an existing joint venture that provides video production and other services for the media sector (SBT / Record / RedeTV)
CADE clears extension of joint venture amongst SBT, Record, and RedeTV*
The clearance was subject to the signature of a Merger Control Agreement
On 13 September, the Administrative Council for Economic Defense (CADE) cleared with conditions a 14-year extension term for the activities of (...)
The Moroccan Competition Authority receives notification of an intended joint venture between two seed producers (Domseeds / Agriedge)
Press release from the Competition Council relating to the draft economic concentration regarding the creation of a business common “DAUMTECH SA” by the companies “DOMSEEDS SA” and “AGRIEDGE SA”*
In accordance with article 13 of law n°104-12 relating to freedom of prices and competition and (...)
The Hong Kong Competition Authority closes the investigation of a proposed joint business agreement between two airlines following the parties’ abandonment of the deal (Cathay Pacific Airways Limited / Malaysia Airlines Berhad)
Competition Commission concludes investigation into proposed Joint Business Agreement between two major airlines*
The Competition Commission (“Commission”) has decided to close the investigation into a proposed joint business agreement between two airlines, namely Cathay Pacific Airways (...)
The German Competition Authority holds that a cooperation project in the automotive industry to standardise the production of wire harnesses raises no competition concerns (Innovation Initiative Wire Harness)
No competition law concerns regarding automotive industry cooperation in the area of wire harnesses*
The Bundeskartellamt has no competition law concerns regarding a cooperation project in the automotive industry to standardise the production of cable sets commonly referred to as wire (...)
The German Competition Authority finds no competition concerns in a cooperation project aimed to standardise the production of wire harnesses in the automotive industry (Innovation Initiative Wire Harness)
BKartA decision on wire harnesses: separation of standardisation and R&D necessary*
In a press release dated 5 September 2023, the Bundeskartellamt (BKartA) announced that, after appropriate improvements, it now raises no competition law concerns regarding the new German Institute for (...)
The Saudi Arabian Competition Authority publishes its 2022 Annual Report to highlight significant strides in the promotion of fair competition and economic growth
The General Authority for Competition (“GAC”) in Saudi Arabia (“KSA”) has been making significant strides in promoting fair competition and economic growth in the country. In its recently released annual report (“GAC Report”), GAC underscored a series of noteworthy developments which exerted (...)
The Indian Competition Authority conditionally approves a complex merger deal in the aviation sector (Tata SIA Airlines / Air India / Singapore Airlines)
CCI approves the merger of Tata SIA Airlines into Air India, and acquisition of certain shareholding by Singapore Airlines in Air India subject to compliance of voluntary commitments offered by the parties *
The proposed combination envisages (a) the merger of Tata SIA Airlines Limited (...)
The French Competition Authority announces the withdrawal of two agriculture companies’ plan to create a joint venture in the fattened duck sector (Euralis / Maïsadour)
Agrifood: The Autorité de la concurrence takes note of the decision taken by the Euralis and Maïsadour groups to withdraw their plans to create a joint venture in the fattened duck sector*
Background
The Autorité notes the withdrawal announced by Euralis and Maïsadour of their plan to (...)
The Brazilian Competition Authority Investigative Department recommends the conditional clearance of a joint venture in the public transport and logistics sector (Viação Águia Branca / Grupo JCA)
The investigative arm of CADE recommends clearance with conditions of joint venture between Viação Águia Branca and Grupo JCA*
The Office of the Superintendent-General of the Administrative Council for Economic Defense (CADE) forwarded the joint venture BusCo—between Viação Águia Branca and (...)
The French Competition Authority unconditionally clears the creation of a full function joint venture in the concession catering sector (Aéroports de Paris / Select Service Partner)
Concession catering sector: The Autorité unconditionally clears the creation of a full-function joint venture between Select Service Partner and Aéroports de Paris*
Background
On 28 October 2022, the Aéroports de Paris and Select Service Partner groups notified the Autorité de la (...)
The US Senate passes an amendment that requires a notification to the Secretary of the Treasury if a US person is engaged in a "covered activity" related to a "covered sector" and when the activity occurs in a "country of concern" or involves a "covered foreign entity"
I. Introduction
On July 25, 2023, the US Senate passed an amendment (SA 931) as part of the broader National Defense Authorization Act (NDAA) that authorizes appropriations for fiscal year 2024 for military activities by the Department of Defense, among other things.
This Senate Amendment (...)
The New Zealand Competition Authority amends the authorisation it granted for a cooperation agreement between two horse and greyhound betting companies to also apply to a multinational sports betting company (TAB / Tabcorp / Entain)
Commerce Commission amends TAB/Tabcorp authorisation*
Following a request from TAB New Zealand, the Commerce Commission (Commission) has decided to amend the authorisation granted by the Commission to certain arrangements between the New Zealand Racing Board (now called TAB) and Tabcorp (...)
The EU Commission objects to a proposed joint venture between two major international telecoms in Spain (Orange / MasMovil)
Mergers: Commission sends Orange and MasMovil Statement of Objections over their proposed joint venture in Spain*
The European Commission has informed Orange and MasMovil of its preliminary view that their proposed joint venture may reduce competition in the retail supply of mobile and fixed (...)
The Brazilian Competition Authority approves the creation of a joint venture to develop and operate software to standardise sustainability measurement in the food and agricultural supply chain since the risks of exchange of competitively sensitive information to obtain is mitigated due to the submitted commitments (SustainIt / Cargill / Louis Dreyfus / ADM International)
CADE clears joint venture for the development of sustainability measurement software*
The deal involves SustainIt, Cargill, Louis Dreyfus, and ADM and intends to create a platform to measure sustainability in the food and agricultural supply chain.
On 21 June, the Administrative Council (...)
The Brazilian Competition Authority clears a landmark joint venture for the development of sustainability measurement software between leading traders of agricultural commodities (Cargill / Louis Dreyfus / ADM)
No leeway for sustainability agreements in Brazil*
On 21 June, Brazil’s competition authority ( CADE ) issued an unprecedented decision relating to sustainability agreements when approving a joint venture ( JV ) between leading traders of agricultural commodities worldwide (Cargill, Louis (...)
The Romanian Competition Authority approves the creation of a special purpose vehicle by the State-owned energy company and an aluminium producer, aimed at establishing a combined natural gas cycle power plant (Complexul Energetic Oltenia / Alro)
COMPETITION COUNCIL APPROVED THE CREATION OF A COMPANY FOR THE CONSTRUCTION OF A COMBINED CYCLE POWER PLANT BY COMPLEXUL ENERGETIC OLTENIA AND ALRO*
The Competition Council approved the operation through which Complexul Energetic Oltenia S.A. and Alro S.A. plan to create a company in order (...)
The Australian Competition Authority authorises a joint venture between three gas producers to jointly market gas (Vintage / Metgasco / Bridgeport)
ACCC grants authorisation to Odin joint venture for marketing gas*
The ACCC has granted authorisation for Vintage Energy Ltd, Metgasco Ltd and Bridgeport (Cooper Basin) Pty Ltd, a wholly owned subsidiary of New Hope Corporation Limited, to enter into joint gas marketing arrangements. (...)
The New Zealand Competition Authority receives a request to vary the terms of an existing cooperation agreement between two horse and greyhound betting companies (TAB / Tabcorp / Entain)
TAB seeks variation to authorisation of its arrangements with Tabcorp to reflect strategic partnership agreement with Entain*
The Commerce Commission (Commission) has received a request from TAB New Zealand (TAB) seeking to vary the authorisation granted by the Commission to certain (...)
The German Competition Authority approves a joint project of several operators of natural gas pipelines to set up a hydrogen network infrastructure (Get H2)
Get H2 hydrogen cooperation given the green light*
Bonn, 27 April 2023: The Bundeskartellamt currently has no competition law concerns about the cooperation in the context of the Get H2 project of several operators of natural gas pipelines to set up a hydrogen network infrastructure. With (...)
The Australian Competition Authority re-authorises coordination between two national airlines and their Asian-based joint ventures (Jetstar / Qantas)
ACCC re-authorises coordination between Jetstar’s Asian brands*
The ACCC has decided to grant re-authorisation for five years until 11 May 2028 to Qantas Airways Ltd and Jetstar Airways Pty Ltd for the continued coordination of two Jetstar Asian-based joint ventures and, in certain (...)
The Australian Competition Authority proposes to grant an interim authorisation to allow for collaboration among major supermarkets to address recycling challenges, following the liquidation of a major recycling company
Cooperation proposed to continue on soft plastics recycling after REDcycle liquidation*
The ACCC proposes to grant authorisation with conditions for 12 months to allow the major supermarkets to continue collaborating on a short-term solution to manage the soft plastics stockpile and to (...)
The Australian Competition Authority grants an interim authorisation to permit the coordination of passenger and cargo transport operations in the aviation industry (Qantas / China Eastern)
Interim authorisation granted to Qantas and China Eastern*
Qantas Airways, China Eastern and their related entities can continue coordinating their passenger and cargo transport operations following an interim authorisation from the ACCC.
Under an existing authorisation granted in 2021 (...)
The Australian Competition Authority grants interim authorisation to two airlines to continue operating joint ventures in the Asian market for flights (Jetstar / Qantas)
Interim authorisation granted to Jetstar’s Asian brands*
The ACCC has granted interim authorisation to Qantas Airways Ltd (ASX:QAN) and Jetstar Airways Pty Ltd for the continued coordination of two Jetstar Asian-based joint ventures and, in certain circumstances between Jetstar Japan and (...)
The Australian Competition Authority grants interim authorisation for a joint venture to two gas companies for the marketing of gas in respect of a new prospective gas field (Vintage Energy / Bridgeport)
Interim authorisation granted to Odin joint venture for marketing gas*
The ACCC has granted interim authorisation for Vintage Energy Ltd (ASX: VEN), Metgasco Ltd (ASX: MEL) and Bridgeport (Cooper Basin) Pty Ltd, a wholly owned subsidiary of New Hope Corporation Limited (ASX: NHC), to enter (...)
The EU Commission okays unconditionally the creation of a joint venture by major telecommunication providers to support digital marketing and advertising activities in France, Germany, Italy, Spain and the UK (Deutsche Telekom / Orange / Telefónica / Vodafone)
Mergers: Commission clears creation of a joint venture by Deutsche Telekom, Orange, Telefónica and Vodafone*
The European Commission has approved unconditionally, under the EU Merger Regulation, the creation of a joint venture by Deutsche Telekom AG Orange SA, Telefónica S.A. and Vodafone (...)
The UK Competition Authority cancels a phase 2 investigation into a proposed joint venture in the poultry feed industry following the abandonment of the deal by the merging parties (ForFarmers / 2Agriculture)
Poultry feed deal abandoned during CMA’s Phase 2 investigation*
ForFarmers and 2Agriculture (a subsidiary company of Boparan) have abandoned their proposed joint venture.
The Competition and Markets Authority (CMA) has therefore today confirmed that it will be cancelling its Phase 2 merger (...)
The Belgian Competition Authority dismisses complaint against telecommunication undertakings regarding their mobile infrastructure sharing agreement (Telenet / Proximus / Orange)
The Belgian Competition Authority has decided to dismiss Telenet’s complaint against Proximus and Orange regarding their mobile infrastructure sharing agreement ("RAN-sharing")*
In October 2019, Telenet Group NV and Telenet BVBA ("Telenet"), a provider of fixed and mobile telephony, internet (...)
The UK Competition Authority publishes a Draft Guidance on horizontal agreements as well as a Draft Sustainability Guidance to signal greater openness towards collaborative efforts to fight climate change
On 25 January 2023, the UK Competition and Markets Authority (the “CMA”) opened a consultation on its Draft Guidance on Horizontal Agreements, which is intended to set out the framework for the application of the Chapter I prohibition of the Competition Act 1998 - the UK equivalent of Article (...)
The Cypriot Competition Authority receives notification of a proposed acquisition of part of the share capital of an Austrian cargo vehicle manufacturer and supplier by an international investment company (T.A.S. Overseas Investments / TransAnt)
Notification of a concentration regarding the acquisition of part of the share capital of TransAnt GmbH by T.A.S. Overseas Investments Limited*
The Service of the Commission for the Protection of Competition announces that is has received a notification in relation with the proposed (...)
The Cypriot Competition Authority launches a full investigation into a merger regarding the transfer of an aircraft business to a joint venture (L.G.S. Handling / Swissport)
PRESS RELEASE: The Commission for the Protection of Competition has decided to launch a full investigation of the merger regarding a transfer of business of L.G.S. Handling Ltd and Swissport Cyprus Ltd to their joint venture S & L Airport Services Ltd*
The Commission for the Protection (...)
The Japanese Competition Authority seeks public comments on proposed guidelines for enterprises aimed at realizing a greener society under the Antimonopoly Act
On January 13, 2023, Japan Fair Trade Commission ("JFTC") proposed a draft of "Guidelines Concerning the Activities of Enterprises, etc. Toward the Realization of a Green Society under the Antimonopoly Act" ("Draft Guidelines"). The due date for the public comments is 6pm on Monday, February (...)
The French Competition Authority opens an in-depth investigation into a proposed joint venture to provide airport catering services by a State-owned provider of airport services and infrastructure and a private sector provider of catering services (Aéroports de Paris / Select Service Partner)
Airport catering: the Autorité de la concurrence opens an in-depth examination in the context of the proposed creation of a joint venture by the Aéroport de Paris and Select Service Partner groups*
Background
On 28 October 2022, the Aéroport de Paris and Select Service Partner groups (...)
The Brazilian Competition Authority conditionally clears a joint venture of firms in the automotive sector subject to compliance with information exchange restrictions (Volkswagen / BMW / Mercedes-Benz / BASF / Bosch / Henkel / SAP / Schaeffler / Siemens / T-Systems / ZF)
CADE conditionally clears a joint venture of firms in the automotive sector*
The companies’ trade agreement will give rise to a new economic player
On 14 December 2022, the Administrative Council for Economic Defense (CADE) conditionally cleared a joint venture among 11 companies in the (...)
The UK Competition Authority finds that a poultry feed deal could lead to higher costs for farmers (ForFarmers / Boparan)
Poultry feed deal could lead to higher costs for farmers*
The anticipated joint venture between ForFarmers and Boparan could lead to farmers paying higher prices to feed their poultry, the CMA has found.
ForFarmers and Boparan (through 2Agriculture) both manufacture and supply chicken and (...)
The French Competition Authority opens an in-depth examination into the creation of a joint venture by two agriculture firms to produce fattened duck products (Euralis / Maïsadour)
Agrifood: The Autorité de la concurrence opens an in-depth examination into the creation of a joint venture by the Euralis and Maïsadour groups*
Background
On 2 May 2022, the Euralis and Maïsadour groups notified the Autorité de la concurrence of their plan to merge through the creation of (...)
The New Zealand Competition Authority issues statement of preliminary issues in relation to a merger between a healthcare operations company and a health care services provider (Central Healthcare / Crest Hospital)
Statement of Preliminary Issues released for Central Healthcare Operations’ application to acquire an ownership interest in the Crest Hospital*
The Commerce Commission has published a statement of preliminary issues relating to an application from Central Healthcare Operations Limited (...)
The Cypriot Competition Authority receives notification of two planned acquisitions in the aircraft cleaning business by a joint venture controlled by the parent companies of the targets (L.G.S. Handling / Swissport Cyprus / S & L Airport Services)
Notification of a concentration concerning the acquisition of the aircraft cleaning divisions of L.G.S. Handling Ltd and Swissport Cyprus Ltd by S & L Airport Services Ltd*
The Service of the Commission for the Protection of Competition has received a notification of a concentration (...)
The Cypriot Competition Authority receives notification of a proposed acquisition of an international private healthcare company by a South African investment company and a Luxembourgish shipping firm (Mediclinic International / Remgro / SAS Shipping Agencies Services)
Notification of a concentration concerning the acquisition of the share capital of Mediclinic International Plc by Remgro Limited and SAS Shipping Agencies Services S.à.r.l., via Manta Bidco Limited*
The Service of the Commission for the Protection of Competition has received a notification (...)
The German Competition Authority clears a joint-venture between a publishing house and an association of pharmacies which operates an online drug delivery platform (NOWEDA / Burda)
Bundeskartellamt clears Burda’s participation in NOWEDA’s digital platform “IhreApotheken.de”*
The Bundeskartellamt has cleared the planned creation of a joint venture by Essen-based NOWEDA Apothekengenossenschaft eG and Burda Verlag GmbH, Munich under merger control law. NOWEDA is an (...)
The German Competition Authority approves the creation of a joint venture between three entities active in the defence industry, allowing for collaboration on a new weapons system (Airbus / German FCMS / MBDA Deutschland)
Bundeskartellamt approves creation of joint venture between Airbus Defence and Space GmbH, German FCMS GbR and MBDA Deutschland GmbH*
The Bundeskartellamt has today cleared the creation of a joint venture between Airbus Defence and Space GmbH, German FCMS GbR and MBDA Deutschland GmbH. For (...)
The EU General Court upholds the decision of the Commission to block a joint venture between two large steel producers (ThyssenKrupp / Tata Steel)
This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
On 22 June 2022, the EU’s General Court (“GC”) fully dismissed thyssenkrupp’s appeal against the European Commission’s (“Commission”) decision to block its (...)
The EU General Court upholds the Commission’s decision to block a joint venture between two steel producers on the grounds that the Commission must be shown a degree of deference when making its significant impediment of effective competition assessment (ThyssenKrupp / Tata Steel)
On 22 June 2022, the GC upheld in full the Commission’s 2019 decision to block a joint venture between ThyssenKrupp and Tata Steel (“the JV”). This was the first appeal of a merger prohibition since the GC overturned the Commission’s prohibition of CK Hutchison’s proposed acquisition of O2 UK (...)
The Irish Competition Authority requires binding commitments to clear a joint venture establishing a new mobile payments service (Allied Irish Banks / Governor and Company of the Bank of Ireland / Permanent TSB / KBC Bank Ireland / Synch Payments)
CCPC requires binding commitments to clear establishment of new mobile payments service by banks*
The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed transaction whereby Allied Irish Banks P.L.C., the (...)
The Slovak Competition Authority approves a horizontal merger in the tech industry to create a joint-venture (AZC / SOFTWAREDISTRIBUTION / ColosseoEAS)
MERGERS: AMO SR approved the merger of undertakings AZC, a.s., BSP SOFTWAREDISTRIBUTION, a.s., and ColosseoEAS, a.s.*
AMO SR approved the creation of fully-functional joint venture of undertakings AZC, a.s., BSP SOFTWAREDISTRIBUTION, a.s., and ColosseoEAS, a.s.
On 18 February 2022 the (...)
The Australian Competition Authority issues a determination allowing joint marketing arrangements amongst the four owners of a gas field (Central Petroleum / Macquarie Mereenie / New Zealand Oil and Gas / Cue Energy)
Mereenie gas field joint venture allowed to jointly market gas*
The ACCC has today issued a determination allowing joint marketing arrangements between the four owners of the Mereenie gas field in the Northern Territory. It is located in the Amadeus Basin, approximately 250 km west of Alice (...)
The Spanish Competition Authority approves, subject to conditions, the creation of a joint venture in the wholesale distribution and transport of periodical publications sector (Boyacá / SGEL)
The CNMC approves the conditions for creating a joint venture between Boyacá and SGEL* The transaction affects the wholesale distribution and transport in Spain of periodical publications. The venturers must comply with certain conditions imposed by the CNMC, most of which they had offered (...)
The German Competition Authority receives withdrawal from proposed joint venture in scrap recycling sector due to competition concerns (TSR Recycling / Lünen / Rhein-Main Rohstoffe)
Withdrawal of merger notification in scrap recycling sector due to competition concerns*
The companies TSR Recycling GmbH & Co. KG, Lünen, and Rhein-Main Rohstoffe GmbH, Frankfurt, withdrew their notification of the formation of a joint venture on 8 December 2021. The Bundeskartellamt (...)
The US FTC approves the modification of remedies regarding the acquisition of a natural gas joint venture by a gas transmission pipeline (DTE Energy / Nexus)
FTC Approves Modification of Final Order Related to NEXUS Gas Transmission, LLC, a Natural Gas Joint Venture*
Following a public comment period, the Federal Trade Commission has approved a petition by DTE Energy Company to reopen and modify the FTC’s 2019 final order. The order remedied the (...)
The Australian Competition Authority issues a draft determination to allow joint marketing arrangements for natural gas produced from the Northern Territory’s Mereenie gas field
Mereenie gas joint marketing to be allowed under ACCC draft determination*
The ACCC has issued a draft determination to allow joint marketing arrangements for natural gas produced from the Northern Territory’s Mereenie gas field. The Mereenie oil and gas field is located in the Amadeus (...)
The French Administrative Supreme Court determines that the development of a joint venture controlled by three national television networks does not infringe competition law (Illiald / Free / Molotov / France Télévisions / Métropole Télévision / Télévision Française / SALTO)
Summary
On appeal of a decision by the Autorité de la concurrence, the Conseil d’Etat decides that SALTO, a French video streaming developed by several TV actors in France, does not infringe competition law
Facts
The French TV companies France Télévisions, Métropole Télévision (M6) and (...)
The Papua New Guinea Competition Authority approves the joint operating and code-share agreement between two domestic airlines (Link / PNG)
ICCC Authorizes the Proposed Code-share Agreement between Link PNG Limited and PNG Air Limited with Conditions*
The Independent Consumer and Competition Commission (“ICCC”) would like to inform all relevant stakeholders and the general public that it has released its Determination on the (...)
The Maltese Competition Authority opens a Phase II investigation over a proposed acquisition which would create a joint venture in the Maltese ferrying industry (Bianchi and Sons / Merill Invest / Ziti Technologies)
Opening of a Phase II Investigation*
The Office for Competition started a phase II investigation on the proposed full-function joint venture between Bianchi and Sons Limited, Merill Invest Limited and Ziti Technologies Limited.
The Office for Competition within the Malta Competition and (...)
The Spanish Competition Authority imposes fines totaling €127 million for participation in a cartel that fraudulently divvied up at least 82 tenders in the railway sector (Alstom / Bombardier / Cafs / Cobra / Nokia...)
The CNMC imposed fines of more than 127.8 million euros on the main security, signaling and communications systems companies of AVE’s medium-distance and commuter network in Spain.* For 15 years, these companies made up a cartel that divvied up tenders called for by Adif, with a value of more (...)
The French Competition Authority clears the creation of a joint venture in the sector of public charging stations for electric cars in the Antilles and French Guiana (AGI / EDF PEI / Genak / SAFO)
For the first time, the Autorité de la concurrence is studying the markets for electric vehicle charging stations*
It has cleared the creation of a joint venture in the sector of public charging stations for electric cars in the Antilles and French Guiana.
Background
The Autorité has (...)
The Finnish Competition Authority proposes that the Market Court impose penalty payments totaling close to €1.9 million on six companies operating in Turku subregion public transport services for submitting joint tenders that severely restricted competition (Jalon Liikenne / Lehtisen Linja / Linjaliikenne Muurinen / Linjaliikenne Nyholm)
The FCCA proposes that nearly EUR 1,9 million in penalty payments be imposed on six companies operating in Turku subregion public transport services and their joint venture for severe restrictions on competition*
Based on investigations of the Finnish Competition and Consumer Authority (...)
The US FTC requests public comment on the application of an electric services company to modify its final order related to a natural gas joint venture (Nexus Gas Transmission / DTE Energy)
FTC Requests Public Comment on DTE Energy Company’s Application to Modify Final Order Settling Competition Concerns Related to Natural Gas Joint Venture*
The Federal Trade Commission is seeking public comment on a petition by DTE Energy Company to reopen and modify the FTC’s 2019 order, (...)
The German Higher Regional Court of Düsseldorf overturns the Competition Authority’s decision to clear a joint venture between a telecommunications company and a regional utility provider (Telekom Deutschland / EWE)
Last week the Higher Regional Court of Düsseldorf overturned a decision adopted by the German Federal Cartel Office (FCO) clearing a JV between Telekom Deutschland and EWE, a regional utility company. The JV partners were looking to cooperate in the development of fibre-optic networks in parts (...)
The Australian Competition Authority finds that the proposed coordination of Japanese and Australian flights between two airlines is not in the public interest (Qantas / Japan Airlines)
ACCC finds Qantas and Japan Airlines alliance not in the public interest*
The ACCC has denied authorisation for Qantas (ASX:QAN) and Japan Airlines to coordinate flights between Australia and Japan under the terms of a joint business agreement. The ACCC found that the agreement would likely (...)
The German Competition Authority clears a magazine publisher’s plans to participate in a joint venture with a distribution company (MZV / Klambt)
Bundeskartellamt clears Klambt’s participation in MZV*
The Bundeskartellamt has cleared plans by the magazine publisher Klambt to participate in the joint venture MZV Moderner Zeitschriften-Vertrieb previously controlled by FUNKE Mediengruppe and Burda.
The authority specifically examined (...)
The Spanish Competition Authority approves with commitments the creation of a 50% joint venture between companies specialised in the mooring and unmooring businesses in the Port of Barcelona (Mooring & Port Services / Cemesa Amarres)
The CNMC approves with commitments the creation of a 50% joint venture between Mooring & Port Services and Cemesa Amarres de Barcelona*
The CNMC approves with commitments the creation of a 50% joint venture between Mooring & Port Services and Cemesa Amarres de Barcelona The merger (...)
The Spanish Competition Authority approves, subject to commitments, the creation of a joint venture between 2 companies that provide port services in several national ports (Mooring & Port Services / Cemesa Amarres Barcelona)
The CNMC approved on 27 July 2021 (with confirmation in August from the Government, which has the statutory power to alter conditional or negative merger decisions), in second phase with commitments, the merger between Mooring & Port Services, S.L. (Mooring) and Cemesa Amarres Barcelona, (...)
The Canadian Competition Authority reaches an agreement with a national cooperative federation and a fertilizer retailer on their proposed joint venture subject to divestments (FCL / Blair’s)
Competition Bureau reaches agreement with Federated Co-operatives Limited and Blair’s on their proposed joint venture*
The Competition Bureau announced today that it has reached an agreement with Federated Co-operatives Limited (FCL) and Blair’s Family of Companies related to their proposed (...)
The Papua New Guinea Competition Authority proposes to approve the joint operating and code-share agreement between two domestic airlines (Link / PNG)
ICCC Proposes to Approve the Proposed Code-share Agreement between Link PNG Limited and PNG Air Limited*
The Independent Consumer and Competition Commission (“ICCC”) would like to announce to all relevant stakeholders and the general public that it has released its Draft Determination for (...)
The Polish Competition Authority publishes its annual antitrust activity report for 2020
At the end of June, the Polish Competition Authority (UOKiK) published its annual activity report for 2020 (the Report). The Report shows that last year was particularly notable for UOKiK’s enforcement.
Highest fine in UOKiK’s history
UOKiK imposed the highest fine in its history on (...)
The Spanish Competition Authority fines a cartel formed by multiple passenger transport companies in Cantabria (Anfersa Adaptado / Buses Benito / Autocares Mariano)
The CNMC sanctions two cartels formed by passenger transport companies in Cantabria.* They affected passenger transport services by road in this autonomous community, both regular and discretionary, and especially school transport. The investigation of the cartels constitutes one of the CNMC’s (...)
The US Supreme Court unanimously affirms that a school sports association’s compensation limits for “education-related benefits” violate antitrust law (NCAA / Alston)
On June 21, 2021, the Supreme Court unanimously affirmed the Northern District of California’s findings in National Collegiate Athletic Association v. Alston concerning the NCAA’s rules limiting college athlete compensation. Leaving no doubt about the need for existential change from within (...)
The US Supreme Court affirms lower court decisions that certain restrictions imposed by a national sports association on educational benefits for student-athletes violate antitrust laws, a decision that may help future antitrust defendants (NCAA / Alston)
On June 21, 2021, the U.S. Supreme Court affirmed lower court decisions and held that certain NCAA restrictions on educational benefits for student-athletes violated Sherman Act Section 1. The unanimous opinion was a clear win for the plaintiff class and almost certainly will lead to big (...)
The US Supreme Court upholds a decision stating that the restrictions imposed by the sports association on education-related compensation for student-athletes violate the antitrust laws (NCAA / Alston)
More to Supreme Court’s NCAA decision than just sports*
Introduction
There has been a plethora of articles about the Supreme Court’s 21 June 2021 decision upholding a decision that the restrictions imposed by the National Collegiate Athletic Association (NCAA) on education-related (...)
The US Supreme Court prohibits an association from restraining student-athlete education-related benefits while recognizing the association still retains considerable flexibility to regulate such benefits (NCAA / Alston)
The Court’s ruling that certain NCAA rules violate antitrust law opens the door for student-athletes to receive additional benefits. But it does not extend to compensation relating to athletic performance, conferences remain free to pass their own rules independently, and universities may (...)
The Australian Competition Authority authorizes several energy companies to enter into a joint venture (Vali gas)
Vali gas joint venture participants granted authorisation for joint marketing*
The ACCC has granted authorisation for Vintage Energy Ltd (ASX: VEN), Metgasco Ltd (ASX: MEL) and Bridgeport (Cooper Basin) Pty Ltd, a wholly owned subsidiary of New Hope Corporation Limited (ASX: NHC), to enter (...)
The EU Parliament launches trilogue negotiations on anti-subsidy regulation with new obligations for multinationals coming into Focus
The EU Anti-Subsidy Regulation Enters Trilogue Negotiations – New Obligations for Multinationals Coming into Focus*
Exactly one year after the European Commission (Commission) proposed the Anti-Subsidy Regulation (the Regulation) (discussed on KCLB already here and here), on May 5, 2022, EU (...)
The Mexican Competition Authority updates its merger guidelines which clarify notification requirements for joint ventures and the failing firm defense
Newly revised merger control guidelines ("Guidelines") from the Comisión Federal de Competencia ("COFECE"), Mexico’s competition law authority, clarify when parties to joint ventures or collaborations ("JVs") must report those transactions to COFECE. The Guidelines provide much needed guidance (...)
The EU Commission unconditionally clears a fuel-cell joint venture aiming to achieve climate-neutral and sustainable transportation (Volvo / Daimler)
Volvo Group (“Volvo”) and Daimler Truck AG (“Daimler”), notified a joint venture (“JV”) in the relatively novel but rapidly evolving hydrogen fuel-cell sector to the European Commission (“EC”, the “Commission”) .
The JV cellcentric GmbH & Co. KG, based in Germany, will be active in the (...)
The Irish Competition Authority clears subject to conditions a joint venture between the national electricity supply board and a forestry company (ESB / Coillte)
CCPC obtains commitments in ESB/Coillte joint venture*
The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a number of legally binding commitments, the proposed joint venture between the Electricity Supply Board (ESB) and Coillte Cuideachta Ghníomhaíochta (...)
The Australian Competition Authority grants interim authorisation for three national gas exploration companies to enter into joint marketing arrangements (Vintage Energy / Metgasco / Bridgeport)
Vali joint venture granted interim authorisation for gas marketing arrangements*
The ACCC has granted interim authorisation for Vintage Energy Ltd (ASX: VEN), Metgasco Ltd (ASX: MEL) and Bridgeport (Cooper Basin) Pty Ltd to enter into joint marketing arrangements.
Vintage, Metgasco and (...)
The EU Court of Justice confirms the liability of a parent company for the conduct of its subsidiaries involved in a cartel (Goldman Sachs)
On 27 January 2021, the Court of Justice of the EU (CJEU) dismissed in its entirety an appeal brought by the Goldman Sachs Group (Goldman Sachs) against a General Court ruling which confirmed Goldman Sachs’ joint and several liability in the 2014 power cables cartel (judgment here).
The CJEU (...)
The Japanese FTC and the Government propose draft guidelines for business collaboration between large companies and startups for the purpose of promoting open innovation and ensuring fair and free competitive environments
On December 23, 2020, the Japan Fair Trade Commission ("JFTC") and Ministry of Economy, Trade and Industry ("METI") proposed a draft of Guidelines for Business Collaboration with Startups ("Guidelines") for the purpose of promoting open innovation and ensuring fair and free competitive (...)
The German Competition Authority authorizes a proposed joint venture company to run a digital healthcare platform for the purchase and ordering of both prescription and over-the-counter medicines (Phoenix / Noventi)
The Bundeskartellamt, the German competition authority (BKA), authorised today under German merger control rules a proposed joint venture company (JV) to run a digital healthcare platform for the purchase and ordering of both prescription and over-the-counter medicines and other functions (...)
The German Competition Authority clears under merger control the launch of a digital health platform (Phoenix / Noventi)
Bundeskartellamt allows Phoenix and Noventi to launch digital health platform*
The Bundeskartellamt has cleared under merger control the planned launch of a joint venture by the Phoenix Group subsidiary ADG Apotheken-Dienstleistungsgesellschaft mbH, Mannheim, and the pharmacy services (...)
The Irish Competition Authority carries out a Phase II investigation of an energy corporation and a State-owned forest company’s joint venture (ESB / Coillte)
CCPC to carry out a Phase 2 investigation of ESB and Coillte joint venture*
The Competition and Consumer Protection Commission (CCPC) has decided to carry out a full Phase 2 investigation into the proposed joint venture between the Electricity Supply Board (ESB) and Coillte Cuideachta (...)
The Spanish Competition Authority opens in-depth investigation into a merger involving two mooring and port services companies (S.L. / Cemesa Amarres de Barcelona)
The CNMC will analyse in depth the merger involving Mooring & Port Services, S.L. and Cemesa Amarres de Barcelona* It consists of creating a joint venture, which will be the only provider of mooring services in the Port of Barcelona. The CNMC starts an in-depth investigation (Phase II), (...)
The EU Commission refers the acquisition of a telecom company back to the UK Competition Authority (Telefónica / Liberty Global)
Mergers: Commission refers acquisition of newly created joint venture by Telefónica and Liberty Global to the UK competition authority*
The European Commission has referred the proposed acquisition by Telefónica S.A. and Liberty Global PLC of a newly created joint venture to the Consumers (...)
The Slovak Competition Authority opens proceedings for the merger of two energy companies (ČEZ ESCO / Slovenský plynárenský priemysel)
MERGERS: AMO SR initiated an administrative proceedings in the matter of a merger of companies ČEZ ESCO, a.s., and Slovenský plynárenský priemysel, a. s.*
On 10 November 2020 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter "the Office”) initiated an (...)
The Italian Competition Authority initiates an investigation into a cooperative joint venture between copyright collecting companies (New IMAIE / SCF)
The Italian Competition Authority opened an investigation into a potential anti-competitive agreement in connection with the creation of a joint venture between two copyright collecting societies.
On November 3, 2020, the Italian Competition Authority (AGCM or the “ICA”) opened a formal (...)
The Hong Kong Competition Authority accepts commitments by four container terminal operators applying to form a joint venture (Hong Kong Seaport Alliance)
Competition Commission accepts commitments from Hong Kong Seaport Alliance*
The Competition Commission (“Commission”) today announced the acceptance of commitments (“Commitments”) offered under section 60 of the Competition Ordinance (“Ordinance”) by Modern Terminals Limited (“MTL”) and HPHT (...)
The UK Competition Authority clears joint venture between brewing companies (Carlsberg / Marston’s)
Deal between Carlsberg and Marston’s given the go-ahead*
The CMA has cleared the proposed joint venture between brewing companies Carlsberg and Marston’s.
Both companies are large brewers of beer and cider, as well as offering related services, such as wholesale supply of their own and (...)
The Polish Competition Authority imposes a maximum fine due to a lack of approval for the joint venture on 6 companies participating in the construction of a gas pipeline (Gazprom / Nord Stream 2)
Nord Stream 2 - maximum penalties imposed by UOKiK President* Tomasz Chróstny, President of UOKiK, has imposed a penalty of over PLN 29 bn on Gazprom, and of over PLN 234 mln on 5 remaining companies participating in the construction of the gas pipeline - as a result of the lack of approval (...)
The Polish Competition Authority imposes a record fine against a gas industry company for failing to obtain approval of a joint-venture transaction (Gazprom / Nord Stream 2)
By the decision of 6 October 2020 No. DKK-178/2020 (“Decision”) and after a two-year formal investigation the Polish Competition Authority (“PCA”) finalized its action against Nord Stream 2 project and imposed fine of PLN 29,075,726,808 (ca. EUR 6.4 billion) on PJSC “Gazprom” (“Gazprom”). In (...)
The EU Commission takes note of the General Court’s judgment confirming its decision to prohibit an acquisition in the construction sector in Hungary and Croatia (HeidelbergCement / Schwenk Zement / Cemex)
Mergers: Commission takes note of General Court judgment in HeidelbergCement/Schwenk/Cemex Hungary/Cemex Croatia merger case*
The European Commission takes note of the judgment of the General Court, which confirms the Commission’s decision prohibiting the acquisition by HeidelbergCement and (...)
The EU General Court provides useful jurisdictional clarifications for deals involving joint ventures acting as an acquirer (Cemex Croatia / HeidelbergCement / Schwenk)
Jurisdictional issues in deals involving joint ventures – Review of the General Court judgment in Heidelberg Cement and Schwenk Zement (T-380/17)*
The judgment provides useful jurisdictional clarifications for deals involving joint ventures (JVs) acting as an acquirer. The General Court (GC) (...)
The EU General Court clarifies the application of the merger regulation to acquisitions by joint ventures and other jointly controlled companies (Cemex Croatia / HeidelbergCement / Schwenk)
On 5 October 2020, the General Court of the European Union (the “General Court”) confirmed the 2017 decision by the European Commission (the “Commission”) to prohibit the proposed acquisition by HeidelbergCement and Schwenk of Cemex Croatia (the “HeidelbergCement case”). In its judgment, the (...)
The EU General Court upholds the Commission’s decision to block a takeover in the construction sector (Cemex Croatia / HeidelbergCement / Schwenk)
On 5 October 2020, the EU’s General Court ("GC") upheld the European Commission’s ("Commission") decision to block the takeover of Cemex Croatia by DDC thereby dismissing the case brought by DDC’s parent companies, HeidelbergCement and Schwenk Zement ("Schwenk") claiming, inter alia, that the (...)
The US FTC accepts abandonment of a proposed joint venture coal mining operations in the Southern Powder River Basin (Peabody Energy / Arch Coal)
Statement of FTC Bureau of Competition Director Ian Conner on Peabody Energy Corporation and Arch Coal’s Abandonment of Their Proposed Joint Venture*
Agency had alleged that merger would harm competition in the market for thermal coal mined in the Southern Powder River Basin
Federal Trade (...)
The Maltese Competition Authority holds that the withdrawal of a supermarket operator from a previously cleared joint venture does not require a decision update as it further alleviates any competition concerns raised (Retail Marketing / Co-op Trading Company / Polrem / Valyou..)
Update on the decision of the Office for Competition of 5 June, 2020 on full-function joint venture between Retail Marketing Limited and Co-op Trading Company Limited, Polrem Limited, S. Borg & Sons Limited, Tower Supermarkets Complex Limited, Valyou Pendergardens Operations Ltd., (...)
The Russian Competition Authority approves the conclusion of a joint venture agreement between a producer of heated tobacco and a producer of devices for their consumption (Philip Morris / KT&G)
The FAS Approved Trasaction In The Market Of Innovative Nicotine-containing Products*
FAS approved conclusion of a joint venture agreement between Philip Morris products S.A. and Korean company KT&G Corporation
The agreement concerns the joint sale of innovative nicotine-containing (...)
The Slovak Competition Authority stops administrative proceedings in the matter of a joint venture after concluding that it does not constitute a merger because it will not permanently perform all the functions of an independent economic entity (Conti Tech Techno-Chemie / Dk)
MERGERS: AMO SR stopped an administrative proceedings in the matter of a merger of undertakings Conti Tech Techno-Chemie GmbH and dk Beteiligungsgesellschaft mbH*
On 27 August 2020 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter “the Office”) on the (...)
The German Higher Regional Court of Dusseldorf dismisses an appeal brought by two producers of hydrodynamic slide bearings against a decision of the Competition Authority prohibiting them to create a joint venture (Miba / Zollern)
On 26 August 2020, the Higher Regional Court of Düsseldorf (“the Court”) dismissed as inadmissible an appeal by Miba and Zollern, two producers of hydrodynamic slide bearings, against a January 2019 decision of the German Federal Cartel Office (“FCO”) prohibiting them from creating a joint (...)
The Turkish Competition Authority evaluates the transaction concerning the acquisition of sole control of a shipping company by a terminal investor (TIL / Marport)
This case summary includes an analysis of the Turkish Competition Board’s (“Board”) Marport decision in which the Board evaluated the transaction concerning the acquisition of sole control of Marport Liman İşletmeleri Sanayi ve Ticaret Anonim Şirketi (“Marport”) by Terminal Investment Limited (...)
The Romanian Competition Authority launches for public debate the commitments proposed by banks intending to become joint shareholders of a provider of integrated cash management services (Société Générale / Raiffeisen Bank / Banca Comercială Română)
The Competition Council Launches for Public Debate the Commitments Proposed by BRD, Raiffeisen and BCR*
The Competition Council launches for public debate the commitment proposals formulated by BRD - Groupe Société Générale SA (BRD), Raiffeisen Bank SA and Banca Comercială Română (BCR) in (...)
The Hong Kong Competition Authority opens public consultations on commitments offered by four container terminal operators applying to form a joint venture (Hong Kong Seaport Alliance)
Competition Commission consults on proposed commitments from Hong Kong Seaport Alliance*
The Competition Commission (“Commission”) today commenced a consultation on proposed commitments offered under section 60 of the Competition Ordinance (“Ordinance”) by the Hong Kong Seaport Alliance (...)
The Polish Competition Authority fines a gas company €50M for failure to cooperate in the investigation into the construction of a gas pipeline (Gazprom / Nord Stream 2)
Nord Stream 2 - President of UOKiK imposes penalty on Gazprom* President of UOKiK Tomasz Chróstny has imposed a penalty of PLN almost 213 mln on Gazprom for failure to cooperate in the investigation conducted in relation to the construction of Nord Stream 2 gas pipeline. Such an obligation (...)
The New Zealand Competition Authority reaches a settlement in equine air freight price-fixing proceeding (IRT Partnership)
Settlement reached in equine air freight price-fixing proceeding*
A settlement has been reached with the International Racehorse Transport New Zealand Partnership (IRT Partnership) in a price fixing case arising from an arrangement between IRT Partnership and its competitor for the provision (...)
The German Competition Authority clears a joint venture between two German newspapers in the printed advertisement sector (Süddeutsche Zeitung / Frankfurter Allgemeine Zeitung)
Joint marketing of advertising space - Süddeutsche Zeitung and Frankfurter Allgemeine Zeitung can establish a joint venture, but the examination of the cooperation under antitrust law is still ongoing*
After examining the project under merger control law the Bundeskartellamt has cleared the (...)
The Romanian Competition Authority authorizes the set up of a joint-venture in the agricultural sector (Al Dahra Agriculture / OCP)
The Competition Council authorized the set up of a joint venture company by Al Dahra Agriculture LLC, United Arab Emirates and OCP s.a. Morocco*
The Competition Council authorized the set up of a joint venture company by Al Dahra Agriculture LLC, United Arab Emirates and OCP S.A., Morocco. (...)
The Maltese Competition Authority clears joint venture in supermarket operations following an in-depth investigation (Retail Marketing / Co-op Trading Company / Polrem / Valyou...)
Full-function Joint Venture between Retail Marketing Limited and Co-op Trading Company Limited, Polrem Limited, S. Borg & Sons Limited, Tower Supermarkets Complex Limited, Valyou Pendergardens Operations Ltd., Belleview Supermarkets Co. Ltd. and Valyou Supermarket Limited (Phase 2 (...)
The Maltese Competition Authority gives unconditional green light in Phase II to proposed supermarket joint venture since the notifying parties do not exceed 25% market share (Retail Marketing / Co-op Trading / Polrem / S. Borg & Sons / Tower Supermarkets Complex / Valyou Pendergardens Operations / Belleview Supermarkets / Valyou Supermarket)
In a first for the Office for Competition within the MCCAA (“OfC”), a Phase II decision was issued by the Maltese Competition Authority on the 5th June 2020 giving the green light to a proposed Joint Venture (“JV”) between Retail Marketing Limited, Co-op Trading Company Limited, Polrem (...)
The Dutch Competition Authority conditionally approves a joint venture by the largest domestic public-transport company and a mobility service provider to create a travel app (Dutch Railways / Pon)
Mobility service provider Pon en Dutch Railways NS are conditionally allowed to create travel app together*
Dutch Railways NS and Pon are allowed to create a new company, which will operate an app that allows consumers to plan, book and pay for their trips, combining different modes of (...)
The Californian Government debates a bill that, if passed, would broaden the type of healthcare transactions that require California AG review and approval prior to any acquisition of or affiliation with a healthcare facility or provider
California Senate Bill (SB) 977, if passed, would broaden the type of healthcare transactions that require California Attorney General (AG) review and approval. SB 977 would require that a healthcare system, private equity group or hedge fund provide written notice to, and obtain the written (...)
The Chinese State Administration for Market Regulation accepts the first merger filing involving a variable interest entity structure (Shanghai Mingcha Zhegang / Huansheng Information Technology)
Preamble
On 20 April 2020, China’s State Administration for Market Regulation ("SAMR") formally accepted a filing for the Establishment of a Joint Venture between Shanghai Mingcha Zhegang Management Consulting Co., Ltd. (“SMZ”) and Huansheng Information Technology (Shanghai) Co., Ltd. ("SMZ (...)
The Spanish Competition Authority dismantles a cartel affecting the supply of radars to the national meteorological agency (AEMET)
On 13 February 2020, the Spanish Competition Authority (“CNMC”) imposed fines totalling € 610,000 on three companies involved in cartelising the market for the supply of radars to the Spanish national meteorological agency (“AEMET”) between autumn 2014 and the end of 2018.
The investigation (...)
The Indian Competition Authority unconditionally approves a joint venture between two car manufacturers (Mahindra & Mahindra / Ford)
The CCI has approved the formation of a JV between M&M and FMC and the transfer of the automotive business of Ford India Private Limited (“FIPL”) to the JV. As per the business transfer agreement (“BTA”), the business of FIPL, other than certain assets relating to its powertrain business, (...)
The Belgian Competition Authority imposes interim measures suspending a joint venture for sharing the mobile radio access networks (Telenet / Orange Belgium / Proximus)
On 22 November 2019, the Belgian companies Orange Belgium, SA/NV and Proximus, SA/NV concluded an agreement to create a joint venture for the sharing of the mobile radio access networks. However, the Telenet Group, SA/NV and Telenet, SPRL/BVBA ( jointly, ‘Telenet’) requested a deeper inquiry (...)
The Belgian Competition Authority imposes an interim measure to temporarily suspend the joint venture between two of the three main telecom companies in the national market (Orange Belgium / Proximus)
On 8 January, the Belgian Competition Authority ("BCA") imposed an interim measure to temporarily suspend the joint venture ("JV") between Orange and Proximus, two of the three main telecom players in the Belgian market.
The cooperation between Orange and Proximus relates to the sharing of (...)
The Belgian Competition Authority imposes an interim measure suspending the implementation of a shareholder’s agreement and the radio access network sharing agreement in the telecommunications market (Telenet / Orange Belgium / Proximus)
Interim measure imposed on Orange and Proximus in respect of the joint venture for the sharing of the mobile radio access networks*
The Competition College of the Belgian Competition Authority (BCA) has at the request of Telenet Group NV and Telenet BVBA (Telenet) imposed on 8 January 2020 (...)
The German Competition Authority conducts a parallel investigation into the potential for cartelization and merger review proceedings resulting in a conditional approval of the joint venture (Telekom / EWE)
Telekom and EWE, two of Germany’s largest telecommunications companies, sought to form a joint venture (JV) to expand the fire-optic broadband network in north-western Germany. On 21 March 2019, the German Federal Cartel Office (FCO) launched two sets of parallel proceedings: an investigation (...)
The Dutch Competition Authority identifies anticompetitive risks in a port towage joint venture which the companies later decided to dissolve (Svitzer / Iskes)
JOINT VENTURE PORT TOWAGE AMSTERDAM TO BE DISSOLVED, FOLLOWING AN INVESTIGATION OF ACM*
Joint ventures cannot be used for circumventing competition rules. The Netherlands Authority for Consumers and Markets (ACM) investigated the joint venture Port Towage Amsterdam (PTA). This joint venture (...)
The Dutch Competition Authority confirms the commitment to dissolve the joint venture by two port towing undertakings (Port Towage Amsterdam)
PORT TOWING JOINT VENTURE DISSOLVED AFTER INVESTIGATION BY THE DUTCH COMPETITION AUTHORITY: FULL-FUNCTIONALITY QUESTIONED*
Background
On 20 December 2019, the Dutch Authority for Consumers & Markets (ACM) published a decision in which the commitment to dissolve the joint venture Port (...)
The German Competition Authority clears the plans of telecommunications companies to jointly expand and operate fibre-optic networks (Telekom Deutschland / EWE)
The German Federal Cartel Office (“FCO”) has cleared the plans of Telekom Deutschland GmbH and EWE AG to jointly expand and operate fiber-optic networks in parts of North West Germany. This is a landmark decision by the FCO in relation to the expansion of fiber optic networks in Germany, (...)
The German Competition Authority imposes two fines totalling €80,000 on an owner of two basalt quarries leased to two different companies (Constantia / VBW)
According to a case report of 18 February 2020, the German Federal Cartel Office (“FCO”) imposed two fines totalling € 80,000 on Constantia Forst (“Constantia”) on 2 December 2019. Constantia owns two basalt quarries which are leased to two different companies: Vogelsberger Basaltwerk (“VBW”) (...)
The Turkish Competition Authority approves the transaction concerning the indirect acquisition of joint control over a chemical company by an investment fund (Cinven / Vakıf / Barentz)
This case summary concerns an analysis of the Board’s Cinven/Vakıf/Barentz decision, in which the Board evaluated the acquisition of joint control over H.L. Barentz B.V. (“ Barentz ”) by (i) an investment fund, which was ultimately controlled by Cinven Capital Management (VI) General Partner (...)
The Polish Competition Authority fines a company in the energy sector €40 million for not providing requested information during an investigation (Engie)
On 7 November 2019, the Polish Office of Competition and Consumer Protection ("UOKiK") imposed a PLN 172 million (EUR 40 million) fine on Engie Energy Management Holding Switzerland AG ("Company") for not providing requested information.
The fine was imposed due to the lack of response to (...)
The Dutch Competition Authority needs further investigation into a joint-venture of asphalt plant construction companies (BAM / Heijmans)
Further investigation needed into joint venture of asphalt plants of construction companies BAM and Heijmans*
The plans of Dutch construction companies BAM and Heijmans to combine their asphalt plants have not yet been cleared by the Netherlands Authority for Consumers and Markets (ACM). BAM (...)
The EU Commission opens an in-depth investigation relating to a proposed joint venture by aircraft manufacturers (Boeing / Embraer)
Mergers: Commission opens in-depth investigation into joint ventures proposed by Boeing and Embraer*
The European Commission has opened an in-depth investigation to assess the proposed creation of two joint ventures by aircraft manufacturers Boeing and Embraer, under the EU Merger (...)
The Ukrainian Competition Authority issues guidelines clarifying the notification of joint ventures
ANTIMONOPOLY COMMITTEE OF UKRAINE ISSUED NEW GUIDELINES CLARIFYING THE NOTIFICATION OF JOINT VENTURES: ANTIMONOPOLY COMMITTEE OF UKRAIN / UKRAINIAN COMPETITION AUTHORITY / JOINT VENTURES / MINORITY ACQUISITIONS*
On 26 September 2019, the Antimonopoly Committee of Ukraine (the ’AMC’) issued (...)
The US FTC requires the parties in a sale of natural gas pipeline to revise their agreement in order to eliminate a non-compete covenant deemed unreasonably limited in scope (Nexus Gas Transmission / DTE Energy)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
In a September 13, 2019 enforcement action, the Federal Trade Commission required the parties in a sale of a natural gas pipeline to revise their agreement to (...)
The Indian Competition Authority clears merger of health insurers (Apollo Munich / HDFC ERGO)
The CCI cleared the proposed merger of health insurer Apollo Munich Health Insurance Company (Apollo Munich) into HDFC ERGO General Insurance Company (HDFC ERGO). HDFC ERGO is a joint venture between HDFC and ERGO International AG. The CCI found that Apollo Munich and the HDFC Group overlapped (...)
The French Competition Authority conditionally clears the creation of a joint venture TV platform by three television channels (TF1 / France Télévisions / Métropole Télévision)
Pay Television Sector*
The Autorité de la concurrence clears, subject to conditions, the creation of the Salto platform by TF1, France Télévisions and Métropole Télévision (M6)
Background
Following a referral decision by the European Commission, TF1, France Télévisions and Métropole (...)
The Swiss Federal Supreme Court affirms a major ticket sale company’s sole legitimacy to submit a complaint against the Competition Commission’s prohibition of the merger between its wholly owned subsidiary and another company (Ticketcorner Holding / Tamedia)
In its decision of June 24, 2019, the Federal Supreme Court affirms Ticketcorner Holding AG’s sole legitimacy to lodge a complaint against ComCo’s prohibition of the merger between its wholly-owned subsidiary Ticketcorner AG and Starticket AG. The Federal Supreme Court thereby clarifies that (...)
The EU General Court rejects a legal challenge to conditional clearance of a joint venture in the wholesale provision of premium pay-TV sports channels market (Vodafone / Liberty Global)
On 23 May 2019, the General Court of the European Union (“GC”) rejected a legal challenge brought against the European Commission’s (“Commission”) conditional clearance of the Liberty Global / Vodafone joint venture in the Netherlands by rival KPN (see VBB on Competition Law, Volume 2016, No. (...)
The Indian Competition Authority clears joint venture between two healthcare companies after deciding it cannot result in any anticompetitive effects (GlaxoSmithKline / Pfizer)
The CCI cleared the proposal by GlaxoSmithKline and Pfizer to combine their global consumer healthcare businesses into a joint venture. [1]
The CCI considered overlaps in three product segments; non-narcotics/anti-pyretics, antacids/anti-flatulents and calcium preparations. In all three (...)
The Croatian Competition Authority clears a merger in the sugar market within the context of full liberalization and abolition of production caps on sugar beet in the internal market (Viro Grupa / Tvornica šećera Osijek)
CCA clears joint venture in sugar market created by Viro Grupa and Tvornica šećera Osijek*
The concentration on the basis of which a joint venture is created in the sugar production and the wholesale business means the consolidation of the sugar market in Croatia as a result of full (...)
The Turkish Competition Authority approves the transaction concerning the acquisition of joint control over an airline company but gives a "no-go" to certain provisions of the transaction agreement (Air France / Virgin Atlantic)
This case summary concerns an analysis of the Board’s Air France/Virgin Atlantic decision, in which the Board evaluated the acquisition of joint control over Virgin Atlantic Limited (“ VAL ”) by Air France-KLM S.A. (“ AFKL ”), Virgin Group Holding Limited (“ Virgin Group ”), and Delta Air (...)
The EU Commission conditionally approves a merger in the market for aircraft slat systems (Spirit / Asco)
On 20 March 2019, the Commission conditionally approved the acquisition of Asco by Spirit. The Commission was concerned that the deal would reduce competition in the market for aircraft slat systems. These parts allow the wing of an aircraft to operate at a higher ‘angle of attack’, which (...)
The EU Commission prohibits a merger between rolled copper products producers (Wieland / Aurubis / Schwermetall)
On 6 February 2019, the European Commission (“Commission”) prohibited Wieland’s proposed acquisition of Aurubis. Both companies are producers of rolled copper products, a key input for many industries, including for parts used in electric cars, trains and electronic devices.
The Commission’s (...)
The Italian Competition Authority provides useful guidance on under what circumstances an incumbent may associate with a competitor in a public tender for blood derivatives (Kedrion / Grifols)
In January 2018 the AGCM launched an investigation for a possible breach of Article 101 TFEU against two international manufacturers of blood-based pharmaceuticals – Kedrion S.p.A (“Kedrion”) and Grifols Italia S.p.A (“Grifols”) – for participating as a joint venture to a public tender (issued (...)
The Indian Competition Authority approves international gas company’s acquisition of 100% stake in 2 local liquified natural gas joint ventures (Shell Gas / HLPL Hazira LNG / HPPL Hazira Port)
Shell Gas B.V acquire 100% shares and sole control of HPPL and HLPL*
CCI, by way of order dated 06.12.2018, approved the acquisition of (i)26% shares in Hazira LNG Private Limited (“HLPL”) and (ii) 26% shares in Hazira Port Private Limited (“HPPL”), by Shell Gas B.V (“Shell”) from Total Gas (...)
The Turkish Competition Authority finds a joint venture liable for anti-competitive collusion after its initial decision that the joint venture did not restrict competition (Sodexo / Edenred)
On 15.04.2019, the Turkish Competition Authority ("TCA") published its reasoned decision whereby it imposed administrative fines totalling to approximately TRY 8 million (EUR 1,2 million) against Sodexo and Edenred (two leading undertakings in the market for meal card services market in (...)
The EU Commission clears the creation of six joint ventures in the automobile sector, subject to remedies (Daimler / BMW)
Mergers: Commission clears the creation of six joint ventures by Daimler and BMW, subject to conditions*
The European Commission has approved, under the EU Merger Regulation, the creation of six joint ventures by Daimler and BMW, subject to conditions.
Daimler and BMW, both active in car (...)
The EU Commission approves, subject to conditions, the creation of 6 joint ventures by two car manufacturers to cooperate in providing car sharing services (Daimler / BMW)
On November 7, 2018, the Commission approved a concentration whereby the two German car manufacturers Daimler and BMW planned to pool their mobility service businesses, including in particular their car sharing services. The two German car makers’ project consists in the creation of six (...)
The EU Commission conditionally clears the creation of six joint ventures for mobility services (Daimler / BMW)
On 7 November 2018, the European Commission conditionally approved the creation of six mobility services joint ventures by Daimler and BMW.
While the joint ventures will combine Daimler and BMW’s mobility services in ride hailing services, parking services, charging services and other (...)
The Turkish Competition Authority examines whether false or misleading information in relation to a joint venture control, justifying the imposition of a fine, constitutes a competition infringement in the context of merger filings (Jacobs Turkey / Of Çaysan)
The Turkish Competition Authority ("TCA") has cleared a transaction concerning the creation of a joint venture between "Jacobs Turkey" and Turkish tea producer "Of Çaysan" through its decision dated 17.10.2018 and numbered 18-39/632-307. Although the merits of the case are not of much (...)
The Turkish Competition Authority assesses the creation of two separate joint ventures by four companies and decides that it is necessary for a merger control review to be completed (GE / Sumitomo / Shikoku / Sharjah / Projectco / O&MCO)
The Turkish Competition Board (" Board ") assessed the creation of two separate JVs by General Electric Company (" GE "), Sumitomo Corporation (" Sumitomo "), Shikoku Electric (" Shikoku "), and Sharjah Asset Management Holding (“ Sharjah ”) for the wholesale trade of electric and the (...)
The Turkish Competition Authority does not fine the notifying party for providing misleading information and approves the acquisition (Jacobs Group / Kasap Family / Jacobs TR)
This case summary concerns an analysis of the Board’s Jacobs decision, in which the Board evaluated the notification submitted by Jacobs TR, regarding the transaction by and between Jacobs Group, Kasap Family and Jacobs TR, a wholly owned subsidiary of Jacobs Group, which intended to acquire (...)
The South African Competition Tribunal rejects a tender collusion allegation on the basis that the tender was a sham (Geometry / Vaxiprox)
The Competition Commission of South Africa (the Commission) sought an order from the Competition Tribunal of South Africa (the Tribunal) declaring that two brand activation companies (Geometry Global (Pty) Ltd (Geometry) and Vaxiprox (Pty) Ltd (Vaxiprox)) had colluded on a tender issued by a (...)
The Irish Competition Authority clears a merger in the media sector subject to a behavioural remedy of ring-fencing (Trinity Mirror / Northern & ShellOpens)
The Irish competition regulator has this week cleared a media merger, subject to a behavioural remedy of ‘ring-fencing’. However, the parties cannot complete the deal for some time yet, as a separate Irish media plurality process may only commence now such that the total length of the Irish (...)
The Indian Competition Authority fines a joint venture for denying access to an essential facility in the market for upstream terminalling services (East India Petroleum / South Asia LPG)
CCI imposes penalty on South Asia LPG Company Ltd for abuse of dominant position- a classic case of denial of essential facility*
The Competition Commission of India (CCI) by an order dated 11 July 2018, has imposed penalty of INR 19.2 Crore on South Asia LPG Company Ltd (‘SALPG’), a joint (...)
The Alberta Court of Queen’s Bench (Canada) rules in a private claim regarding a joint venture agreement between two purchasers of chemicals products (Dow Chemical Canada / Nova Chemicals Corporation)
Alberta Court of Queen*
In a recent decision handed down by the Alberta Court of Queen’s Bench, in Dow Chemical Canada ULC v. NOVA Chemicals Corporation, 2018 ABQB 482 (“Dow Chemical”), the Court established both new law and confirmed earlier case law under sections 45 and 90.1 of the (...)
The Italian Competition Authority clears a horizontal cooperation agreement in the telecommunication sector by a commitment decision (Flash Fiber)
In the Flash Fiber case the Italian Competition Authority (ICA) has closed by a commitment decision an Article 101 TFEU investigation into a horizontal cooperation agreement concerning the telecommunication sector. After the implementation of the commitments agreed with the parties, the ICA (...)
The Antimonopoly Committee of Ukraine issues an explanatory note after the adoption of the Law of Ukraine which improved control over mergers in terms of sanctions-related transactions
With the armed conflict lasting on the Ukrainian territory, economic and business interests are in need of protection as never before. One of the measures recently taken in this regard was to ensure that neither individuals, nor undertakings, placed under conflict-related sanctions, are able (...)
The EU General Court dismisses appeals against a Commission’s decision to open an in-depth merger investigation (HeidelbergCement / Schlenk Zement / Cemex Croatia)
On 27 November 2017, the General Court (“GC”) dismissed appeals brought by HeidelbergCement and Schwenk Zement against the European Commission’s decision of 10 October 2016 to open an in-depth (Phase II) merger investigation into their acquisition – via a joint venture – of Cemex Croatia.
In (...)
The Court of Rome confirms that Russian-Roulette clauses can be included in shareholders’ agreements in order to solve deadlocks (Lamaro Appalti / Sviluppo Centro)
A very well-structured decision from the Court of Rome confirmed that Russian-Roulette clauses can be included in shareholders’ agreements as a valid method to solve deadlocks.
Generally speaking, Russian roulette clauses have been imported in Italy from the Anglo-American practice. Such (...)
The EU Court of Justice renders a judgement regarding the rules governing the notification of mergers resulting in the creation of joint ventures (Austria Asphalt)
On 7 September 2017, the European Court of Justice issued its preliminary ruling in Case C-248/16 Austria Asphalt. The judgment clarifies that a change from sole to joint control over an existing undertaking is a notifiable concentration under the Merger Regulation only if the resulting joint (...)
The EU Court of Justice clarifies the application of the EU merger control rules to joint ventures (Austria Asphalt)
European Court of Justice clarifies application of European Union merger control rules to joint ventures*
On 7 September 2017, the European Court of Justice issued a decision (Decision) on the interpretation of the European Union Merger Regulation (EUMR). The Decision clarifies the (...)
The EU Court of Justice clarifies the requirements of a joint venture under the merger regulation (Austria Asphalt)
The European Court of Justice (ECJ) ruled in Austria Asphalt v Bundeskartellanwalt (Case C-248/16) that when there is a change in the type of control over an existing undertaking from sole to joint control, the criterion of a concentration within the meaning of the EU Merger Regulation (EUMR) (...)
The EU Court of Justice decides EU merger control rules can only apply to joint control transactions if the resulting entity is a ‘full-function’ joint venture (Austria Asphalt)
On September 7, 2017, the European Court of Justice (ECJ) decided that, where joint control is acquired over a new or existing undertaking (or parts of an undertaking), that transaction can only fall within the scope of the EU Merger Regulation (EUMR) where the resulting entity will be (...)
The US District Court of the Southern District of Ohio grants three pretrial motions and dismisses the entire case with prejudice because of the fail to plea a rule of reason case in the hospital sector (The Medical Center at Elizabeth Place / Premier health)
District Judge Walter H. Rice of the Southern District of Ohio granted three pretrial motions brought by the Defendants on the eve of trial in The Medical Center at Elizabeth Place, LLC v. Premier Health Partners, et al., Case No. 3:12-cv-26, 2017 WL 3433131 (S.D. Ohio Aug. 9, 2017), and (...)
The German Competition Authority publishes a sector inquiry in cement and ready-mix concrete
German Federal Cartel Office publishes sector inquiry in cement and ready-mix concrete*
The German Federal Cartel Office (“FCO”) has published its sector inquiry report in cement and ready-mix concrete.
While the report targets the cement and ready-mix concrete sector and its (...)
The German Competition Authority clears a joint venture in the retail sector (EDEKA / Budnikowsky)
Bundeskartellamt clears EDEKA/Budnikowsky cooperation*
The Bundeskartellamt has cleared the launch of a joint venture between EDEKA and Budnikowsky.
Andreas Mundt, President of Bundeskartellamt: "When we assess mergers in the retail sector we always have to examine the competitive (...)
The EU Commission prohibits acquisition of the largest national cement producer by the largest national cement importers due to insufficient divestment to fully eliminate competition concerns (HeidelbergCement / Schwenk / Cemex Hungary / Cemex Croatia)
HeidelbergCement/Schwenk/Cemex Hungary/Cemex Croatia - Cement travelling across borders*
In a nutshell: The acquisition of Cemex Croatia would have seen DDC transform from an expanding importer in Croatia into the largest Croatian incumbent, and customers could have no longer benefitted from (...)
The EU Commission publishes a notice on the notification of the proposed acquisition of an Spanish aircraft company by a UK undertaking (ITP / Rolls-Royce)
On 4 March 2017, the European Commission (Commission) published a notice concerning the notification of the proposed acquisition of the Spanish aircraft company Industria de Turbo Propulsores SA (Spain, ITP), by Rolls-Royce Holdings plc. (UK, Rolls-Royce). Interested third parties, such as (...)
The Indian Competition Appellate Tribunal reverses the Indian Competition Authority’s decision for a second time and orders an investigation against movies producers (K Sera Sera Digital Cinema / Digital Cinema Initiatives)
COMPAT orders investigation against producers of Hollywood movies*
COMPAT by its order dated November 9, 2016 has ordered investigation against 6 producers of Hollywood films for the allegedly forcing a technology, called D-Cinema technology, for providing cinema screening under the auspices (...)
The US FTC and DoJ jointly issue antitrust guidance for human resource professionals
On October 20, 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued new guidance designed to help human resources professionals and their companies understand the potential antitrust implications of their work. The guidance (...)
The US DoJ decides to criminally charge a former company vice president and director for concealing and attempting to destroy documents in the context of a joint venture investigation (Ralph Groen)
On October 14, 2016, former vice president and director of information technology of Coach USA, Inc. (Coach), Ralph Groen, entered a guilty plea for concealing and attempting to destroy documents and giving false and misleading statements under oath in a deposition during the US Department of (...)
The EU Commission approves a joint venture between the third and fourth-largest telecom operators in Italy subject to structural remedies (Hutchison / VimpelCom)
European Commission approves a joint venture between the third and fourth largest telecom operators in Italy subject to structural remedies*
On 1 September 2016 the European Commission approved a proposed joint venture between Vimpelcom and CK Hutchison, respectively the owners of Wind and (...)
The EU Commission conditionally approves a joint venture in retail mobile market (Hutchinson/ VimpelCom)
On 1 September 2016, the European Commission conditionally cleared the proposed creation of a telecommunications joint venture between Hutchison’s H3G and VimpelCom’s WIND, a combination of the third and fourth largest operators in the Italian retail mobile market.
Before the deal, the (...)
The EU Commission conditionally clears an acquisition in the market for satellite launch services (Arianespace / ASL)
On 20 July 2016, the European Commission conditionally cleared the acquisition of Arianespace by Airbus Safran Launchers (“ASL”). Arianespace is a French company offering satellite launch services to private and institutional satellite operators. ASL is a 50/50 joint venture controlled by (...)
The Indian Competition Authority approves joint venture of two foreign global manufacturers of ice cream which will operate in the country only through export sales of one product (Nestle / PAI Partners / Riviera Topco)
CCI approves Nestlé & PAI JV*
CCI vide its order dated July 1, 2016 has approved JV entered between Nestlé and PAI (through Riviera Topco) which would be jointly controlled by Nestlé and PAI (through Riviera Topco) and would be principally active in the production, distribution and sale (...)
The Polish Competition Authority approves a joint venture by five electricity distributors which would reduce switching costs for consumers (Enea Operator / Energa Operator / PGE Dystrybucja / RWE Stoen Operator / Tauron Dystrybucja)
Poland’s UOKiK approves concentration on electricity market*
Poland’s Office of Competition and Consumer Protection (UOKiK) has approved a joint venture by five electricity distributors. Among its other benefits, the transaction will enable consumers to change providers more quickly and (...)
The EU Commission opens an in-depth investigation pertaining to a joint venture in the Italian telecommunications market (Hutchison / VimpelCom)
Mergers: Commission opens in-depth investigation into proposed Hutchison/VimpelCom joint venture in Italy*
The European Commission has opened an in-depth investigation to assess whether the proposed joint venture between the telecommunications activities of Hutchison and VimpelCom in Italy (...)
The Indian Competition Authority closes cartel case against general insurance public sector enterprises and their associations (TPAs / GIPSA)
Competition Commission of India (CCI) closes case against General Insurance Public Sector Undertakings and their association for alleged cartelization*
The CCI, by its order dated January 4, 2016, has closed a case alleging anti-competitive agreements between the four PSU general insurance (...)
The Indian Competition Authority clears an acquisition of minority shareholdings in the insurance sector (FAL / ICICI Lombard)
Introduction
A notification was filed by FAL Corporation (“FAL”) under Section 6(2) of the Competition Act, 2002 (“Act”), pursuant to execution of an agreement amending the Joint Venture Agreement entered between FAL and ICICI Bank Limited (“ICICI”), in relation to its acquisition of (...)
The Irish Competition Authority clears an acquisition subject to a number of structural remedies in the fuel sector (Topaz / Esso)
Introduction
1 On 15 October 2015 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared the acquisition by Topaz Investments Limited (Topaz) of Esso Ireland Limited (Esso Ireland), a wholly owned by the Exxon Mobil Corporation, subject to a number (...)
The Chinese MOFCOM cracks down on failures to notify qualifying mergers, acquisitions and joint ventures (FJEI / FPID) (Nanjing Puzhen / Bombardier Sweden) (BestTv / Microsoft)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
China’s Anti-Monopoly Law requires businesses to notify transactions to the Ministry of Commerce (MOFCOM) for merger control review, so long as the parties (...)
The Polish Competition Authority annuls a decision sanctioning an alleged cartel of major mobile telecom operators for cooperating in connection with tender proceedings (Mobile TV / ITF)
On 23 September 2015, the Polish Court of Competition and Consumer Protection (“SOKiK”) issued a judgment in case no. XVII AMA 112/12 in which it annulled the Chairperson of the Office for Competition and Consumer Protection’s (“UOKiK”) decision of 23 November 2011 in case no. DOK-8/2011. The (...)
The Zambian Competition Authority finalizes guidelines for merger regulations
Zambian Competition Authorities finalise guidelines for new merger regulations*
The Competition and Consumer Protection Commission (“CCPC”) recently published the CCPC Guidelines for Merger Regulations 2015 (the “Guidelines”).
The Guidelines are binding on all “persons” regulated under the (...)
The German Competition Authority issues its report on divestitures in the rolled asphalt industry
Bundeskartellamt publishes report on divestitures in the rolled asphalt industry*
Today the Bundeskartellamt published a report on the state of proceedings it has initiated to break up anti-competitive company interlocks in the German rolled asphalt sector. The report provides an overview of (...)
The Indian Competition Authority approves a joint venture between a global consumer healthcare conglomerate and a global technology conglomerate (Johnson and Johnson / Ethicon / Google)
CCI approves the joint venture between Google and Johnson and Johnson for the research and development in respect of the robotic system for surgical intervention*
CCI by its order dated July 10, 2015 approved the proposed combination for creation of a JV between Google and Johnson and (...)
The EU Commission approves a joint venture for cross-border licensing of online music between three music collecting societies (PRSfM / STIM / GEMA)
Commission approves joint venture for cross-border licensing of online music between PRSfM, STIM and GEMA, subject to commitments*
Following an in-depth investigation, the European Commission has approved under the EU Merger Regulation the proposed creation of a joint venture for (...)
The EU Commission conditionally approves online rights licensing and administration joint venture between collective management organizations (PRSfM / STIM / GEMA)
On 16 June 2015, the EU Commission conditionally approved the proposed joint venture between music collective management organisations PRS for music Limited (“PRSfm”) of the UK, Föreningen Svenska Tonsättares Internationella musikbyrå u.p.a. (“STIm”) of Sweden, and Gesellschaft für (...)
The Mozambican Government discloses expensive merger filing fees
Decree 79/2015, of June 5, was disclosed yesterday, setting out the fees to be charged by the incoming Mozambican Competition Authority for a number of services. ProcedureFee Merger Filing 5% of the turnover of the year preceding the request for the review of the transaction.The turnover is (...)
The US DOJ opens an investigation on a movie theater chain (Regal, AMC, Cinemark Holdings)
Antitrust Probe of Movie Theater Chains Enters Next Act*
The U.S. Department of Justice has turned its spotlight on AMC Entertainment, Inc. in the government’s antitrust probe of the nation’s movie theater industry. In an 8-K filed Monday with the Securities and Exchange Commission, AMC (...)
The Indian Competition Authority approves an acquisition of additional shares in life and general insurance joint ventures by their 2 holding companies (AXA India / Société Beaujon / BAL / BAGI)
CCI approves acquisition of Bharti AXA Life Insurance Company Limited and Bharti AXA General Insurance Company Limited by AXA India Holdings and SociétéBeaujon*
CCI vide its order dated May 13, 2015 gave assent to acquisition of Bharti AXA Life Insurance Company Limited (BAL) and Bharti AXA (...)
The German Competition Authority clears a merger on the market of online real estate portals (Immonet / Immowelt)
CLEARANCE OF MERGER BETWEEN IMMONET AND IMMOWELT*
In the first phase of merger control the Bundeskartellamt has cleared plans by Axel Springer SE, Berlin to acquire sole control of Immowelt AG, Nuremberg and the launch of a joint venture between Immowelt AG and Immonet GmbH, Hamburg. The (...)
The Norwegian Court of Appeals upholds that a joint bid submitted under a public tender constituted an anti-competitive agreement by object (Ski Taxi / Follo Taxisentral / Ski Follo Taxidrift)
Joint bid labelled ‘by object’ infringement*
Appeals court upheld decision against local taxi cooperatives’ bidding consortium
In a judgment of 17 March 2015, Borgarting appeals court in Oslo upheld the Norwegian Competition Authority’s decision against two local taxi cooperatives and a (...)
The US DoJ obtains disgorgement of profits for an illegally consummated merger in the sector of city sightseeing by bus (Coach USA / City Sights / Twin America)
DOJ Obtains Disgorgement of Profits for Illegally Consummated Merger*
On March 16, 2015, the Department of Justice (“DOJ”) and New York State Attorney General announced that they reached a settlement with Coach USA Inc., City Sights LLC and their joint venture, Twin America LLC, to remedy (...)
The Ontario Superior Court of Justice finds nine defendants not guilty on 60 charges of bid-rigging and conspiracy to rig bids (Durward)
Canada’s Competition Bureau loses major bid-rigging case: 60 not guilty verdicts*
In a further blow to the track record of the Competition Bureau and the Public Prosecution Service of Canada in contested criminal trials, on April 27, 2015, a jury in the Ontario Superior Court of Justice (...)
The EU Commission conditionally approves deals in the pharmaceutical sector extending its analysis of pipeline pharmaceutical products (Novartis / GSK)
"Protecting the drugs of tomorrow : competition and innovation in healthcare"*
In a nutshell : In Novartis/GSK Oncology, the Commission extended its analysis of pipeline pharmaceutical products beyond those that are in advanced stages of development (phase III), to fully assess the (...)
The Austrian Competition Authority withdraws its investigation into a proposed joint venture in the market for rail switch services (voestalpine Weichensysteme / WS Service)
BWB/Z-2308 voestalpine Weichensysteme GmbH - WS Service GmbH*
Vienna, December 9, 2014. On April 14, 2014, the Federal Competition Authority reported the acquisition of 49% of WS Service GmbH, a 100% subsidiary of ÖBB-Infrastruktur Aktiengesellschaft (ÖBB Infra), which is active in the (...)
The EU Commission imposes several commitments to alleviate vertical competition concerns in the space industry (Airbus / Safran)
"Airbus /Safran /JV: Launching competition into space"*
In a nutshell : In the Airbus /Safran/JV case, the Commission looked at the space industry. Several commitments were imposed to alleviate foreclosure concerns of competitors. One of the vertical concerns identified required (...)
The Paris Court of Appeal partially annuls the French Competition Authority’s decision due to the lack of by object infringement in the packaged flour case (France Farine / Bach Müle)
In its judgment dated November 20, 2014, the Paris Court of appeal (Court of appeal) partially overturned the decision of the French Competition Authority (FCA) relating to the practices followed in the flour business (Decision).
In 2012, certain millers were accused by the FCA of closing (...)
The Ukrainian Competition Authority announces its intention to reconsider the merger approval in the telecommunication technologies market (Kyivstar)
Antitrust authority of Ukraine intends to reconsider its decision granting merger clearance on the telecommunication technologies market of Ukraine*
In early November 2014 the Antimonopoly Committee of Ukraine made a statement, announcing that it was going to reconsider its position on the (...)
The Indian Competition Authority approves joint venture between two electronics manufacturers in the market for lead acid storage batteries (Panasonic / Minda Industries)
CCI approves Panasonic-Minda Industries commercial alliance*
CCI has approved the proposed joint venture between Minda Industries and Japanese group Panasonic, observing that the deal would not have any appreciable adverse effect on competition in India. Under the said alliance, Minda (...)
The German Competition Authority clears a merger following an in-depth examination on the production of foreign identity documents market (Giesecke & Devrient / Bundesdruckerei)
Bundeskartellamt clears joint venture between Giesecke & Devrient and Bundesdruckerei for the production of foreign identity documents*
Following an in-depth examination the Bundeskartellamt has cleared the establishment of a joint venture for the production of foreign identity documents (...)
U.S. Federal Court Provides Guidance on Treating Joint Ventures as a "Single Entity" for Antitrust Purposes (Premier)
The United States District Court for the Southern District of Ohio has unsealed its summary judgment opinion in The Medical Center at Elizabeth Place v. Premier Health Partners. The Court granted summary judgment in favor of the defendants—four hospital systems that operated pursuant to a (...)
The US District Court for the Southern District of Ohio holds that undertakings, even previously competing against each other, cease to be separate economic actors once they contractually agree to share in risks and profits by combining all of their income into a single bottom line (Premier Health)
District Court Weighs in on Level of Integration Required to Shield Health Care Collaborations from Section 1 Scrutiny*
In Medical Center at Elizabeth Place v. Premier Health Partners et. al, Case No. 12-cv-26 (S.D. Oh. Oct. 20, 2014), the Southern District of Ohio held that (...)
The Polish Competition Authority clears the creation of a joint undertaking in the power generation and distribution market (Polska Grupa Energetyczna / Polska Miedź)
The OCCP approves the formation of PGE EJ 1*
The Office of Competition and Consumer Protection (OCCP) has approved the formation of PGE EJ 1, a joint undertaking of the energy groups PGE Polska Grupa Energetyczna, Tauron, and Enea and of the mining group KGHM Polska Miedź to build Poland’s (...)
The French Competition Authority forces the incumbent train company to open online ticket selling to competition (SNCF)
French train company SNCF forced to open online ticket selling to competition
Summary
SNCF, which has a monopoly on rail transport in France, had to agree to let distributors other than its affiliate Voyages-Sncf.com sell its train tickets in France.
Facts
SNCF operates trains in (...)
The EU Commission decides not to oppose the creation of a full function joint venture (Thalys)
In September 2014, the European Commission (EC) decided not to oppose the creation by SNCF and SNCB of a full function joint venture, Thalys JV. The EC deemed the concentration to be compatible with the internal market. The decision was made available in French in December. As of 1 January (...)
The Cypriot Commission for the Protection of Competition receives notification of a merger under the form of a joint venture on the seismic services market (CGG Holding / OOO SCF GEO)
Press Release published on the official website of the Cypriot Commission for the Protection of Competition.
Notification of concentration regarding the creation of a joint venture by the companies CGG Holding BV and OOO SCF GEO* The Service of the Commission for the Protection of (...)
The EU Court of Justice annuls the Commission’s decision regarding the liability of a parent for the infringement of competition law by its subsidiary and by a partially owned joint venture (RWE)
I. The Parties
RWE AG is part of the RWE group with its main activities in the energy supply sector (gas exploration, electricity production, trading, and retail and grid activities). Regarding the activities in the paraffin waxes, RWE group is not currently active on this market due to the (...)
The EU Commission issues merger reform White Paper regarding minority shareholdings and member state referrals
This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.
On July 9, 2014, the European Commission published its proposal (White Paper) outlining the approach it intends to adopt with respect to the application of the (...)
The EU Commission publishes a White Paper setting out proposals to amend the merger control system
Substantial reform of EU merger control on the cards*
On 9 July 2014, the European Commission published a White Paper setting out proposals to amend the EU merger control system. The proposed reform of the system is the most significant in the last 10 years and could have an impact on many (...)
The US FTC approves two final orders settling charges that ski equipment manufacturers for many years illegally agreed not to compete for one another’s ski endorsers or employees (Marker Völkl / Tecnica Group)
The FTC Orders Ski-Equipment Companies to Start Competing Again*
Sometimes competition is a real hassle.
If your company has a loyal customer or longtime employee, you feel betrayed when a competitor swoops in to try to “steal them.”
If you are the Miami Heat, you probably don’t like (...)
The Turkish Competition Authority Imposes fine for failing to notify of the establishment of a joint venture (Anayurt)
The Competition Board (“Board”) analyzed in its decision dated 25.06.2014 and numbered 2014-1-47 (“Decision”) that, whether (1) the establishment of a joint venture entitled Anayurt Kömür Madencilik Sanayi ve Ticaret A.Ş. (“Anayurt”) is in compliance with Art. 7 of the Act on the Protection (...)
The Chinese MOFCOM blocks a joint venture in the shipping sector notwithstanding the fact that both U.S. and EU competition authorities had chosen not to challenge the transaction (MSC / CMA CGM / P3)
For only the second time since it began reviewing mergers and joint ventures in 2008, when China’s Anti-Monopoly Law (AML) came into effect, China’s Ministry of Commerce (MOFCOM) has blocked a proposed transaction rather than addressing its competition and trade policy concerns through some (...)
The Chinese MOFCOM releases the amended guiding opinions on notification of concentration of undertakings
MOFCOM Updated Rules on Merger Control Filing*
Introduction
MOFCOM released the amended Guiding Opinions on Notification of Concentration of Undertakings (“Guiding Opinions”) on June 6, 2014. The amendments significantly expanded the content of the previous 2009 version of the Guiding (...)
The Italian Administrative Court of first instance orders the recommencement of the awarding of a public selection procedure for a breach of disclosure duty in the telecommunications sector (Telecom Italia / Fastweb / Vitrociset / Consip)
On the 13th of May 2014, the Italian Administrative Court of first instance (the “Court”) held a judgment against a Joint-venture that is formed between Fastweb S.p.A. (“Fastweb”) and Vitrociset S.p.A. (“Vitrociset”) for a breach of disclosure duties relating to technical specifications. (...)
The EU Commission approves a joint venture in the PVC production sector based on a divestiture (INEOS / Solvay / JV)
On 8 May 2014, the European Commission conditionally cleared the joint venture combining the European chlorvinyls businesses of INEOS of Switzerland and Solvay of Belgium.
During an in-depth review of the deal, the Commission expressed concerns regarding two markets: the North West European (...)
The EU Commission clears a merger between the two top-tier suppliers of S-PVC upon submission of significant remedies (INEOS / Solvay / JV)
"INEOS / Solvay / JV: Yet another P(ractically) V(ery) C(omplex) merger"*
In a nutshell : Natural experiments are rare in merger assessment. However, previous mergers in the PVC industry made it possible in this case to analyse the effects of consolidation on competition and prices. (...)
The Chinese MOFCOM issues two sets of regulations that have introduced a “simple case track” for merger control reviews
The Ministry of Commerce of China (MOFCOM) issued two sets of regulations (Simple Merger Case Regulations) in February and April of 2014 that have introduced a “simple case track” for merger control reviews in China.
Between 2008, when the Chinese Anti-monopoly Law came into force, and the (...)
The Cypriot Commission for the Protection of Competition clears conditionally a joint-venture on the market for printing services for weekly and monthly magazines (Proteas Press / I.G. Cassoulides & Son / Litho Web)
The Commission for the Protection of Competition decided to clear the concentration of companies Proteas Press Ltd, I.G. Cassoulides & Son Ltd and Litho Web Ltd for a joint venture, by imposing behavioural and structural remedies* On 28/3/2014, the Commission for the Protection of (...)
The Cypriot Competition for the Protection of Competition receives notification of a merger on the market for owning and managing hotels (Amathus Public / Amathina Holdings / Muskita)
Notification concerning the creation of the company Amathina Holdings Ltd by the companies Amathus Public Ltd, Elerfield Holdings Ltd and the Muskita Group to finance the acquisition of the Amathus Beach Hotel in Limassol through the company Amathina Luxury Hotels Ltd*
The Service of the (...)
The Chinese MOFCOM introduces simplified merger review provisions to improve process
China Introduces Simplified Merger Review Provisions to Improve Process*Over the past several years, companies engaging in mergers, acquisitions and joint ventures have been subject to long and unpredictable competition reviews for transactions notified in China. Although China’s Anti-Monopoly (...)
The New Zealand Commerce Commission approves joint-venture on the market for supply of plasterboard, ceiling tiles and ancillary building products (USG / Boral)
Press releases published on New Zealand Commerce Commission
USG Corporation and Boral Limited granted clearance to form a joint venture*
The Commission has granted clearance to USG Corporation (USG) and Boral Limited (Boral) to enter into a joint venture.
The proposed joint venture (...)
The Chinese MOFCOM publishes a set of provisions establishing substantive criteria necessary to fulfil in order to qualify as a simple merger case
MOFCOM Takes a Major Step towards a Simplified Merger Control Procedure by Promulgating the Standards for Simple Cases*
On February 11, 2014, China’s Ministry of Commerce (MOFCOM) published the long-awaited Interim Provisions on the Standards for Simple Cases of Concentrations of Operators (...)
The Austrian Supreme Court considers that the examination of a merger case excludes the parallel examination of antitrust issues (MPV/PGV)
Introduction The MPV/PGV decision discussed here concerns the (merger) notification of a logistic joint venture between two Austrian press wholesalers. Unlike the European Merger Regulation 139/2004, the Austrian Cartel Act does not foresee an appraisal of a transaction under anti-trust (...)
The Italian Competition Authority clears a transaction for the creation of a joint venture operating in the banking sector on the basis of the non-applicability of the relevant Italian law provisions governing concentrations between undertakings (Bassilichi / Accenture)
Background The purpose of the transaction at hand was to allow Banca Monte dei Paschi di Siena S.p.A. (“MPS”), one of the major Italian banks, to externalise certain back-office and administrative services, entrusting them to other companies outside its corporate group, as part of its (...)
The Indian Competition Authority takes action against gun-jumping by airlines (Etihad / Jet Airways)
On 1 May 2013, the Competition Commission of India (Commission) received a combination notice from Etihad Airways (Etihad) and Jet Airways India Limited (Jet) in relation to Etihad’s proposed acquisition of 24% equity interest in Jet. The notice was given to the Commission after signing of an (...)
The Australian Competition and Consumer Commission allows minor variations on the authorisation of a joint venture on the market for port terminal operations (AAT)
ACCC allows minor variations to AAT joint venture authorisation*
The Australian Competition and Consumer Commission has allowed minor variations to authorisation of the Australian Amalgamated Terminals Pty Ltd (AAT) joint venture.
The minor variations will enable AAT to operate the (...)
The EU Commission issues a reform package to simplify and streamline the EU merger control regime
EUROPEAN COMMISSION SIMPLIFIES ASPECTS OF EU MERGER CONTROL*
The European Commission (Commission) has issued a package of measures (the Reform Package), the rationale for which is to simplify and streamline EU merger control. The Reform Package does this by extending “simplified” treatment (...)
Procedures
The EU Court of Justice confirms that financial investors can be liable where they hold 100% voting rights over an indirect entity that participated in a cartel (Goldman Sachs)
On 27 January 2021, the Court of Justice of the European Union (“CJEU”) confirmed in Goldman Sachs Group Inc. v European Commission that financial investors can be liable where they hold 100% voting rights over an indirect entity that participated in a cartel, even though the investor does not (...)
The US Court of Appeals for the sixth circuit establishes a test for determining whether the conduct of joint ventures should be analyzed under the rule of reason test (The Medical Center at Elizabeth Place / Atrium Health System)
A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the conduct of joint ventures when it is challenged as anticompetitive. (...)
The US Court of Appeals for the Sixth Circuit considers that activity in connection with a joint venture that is plausibly pro-competitive is not subject to per se analysis or condemnation (The Medical Center at Elizabeth Place / Atrium Health System)
Plausible Pro-competitive Justifications Remove Joint Venture Restraints from the Per Se Rule*
In The Medical Center at Elizabeth Place, LLC v. Atrium Health System, Case No. 17-3863 (6th Cir. Apr. 25, 2019), the Sixth Circuit held that activity in connection with a joint venture that is (...)
The Supreme Court of Spain rules that the ‘fortuitous discovery’ doctrine holds special cassation relevance and admits several appeals to clarify and develop this doctrine (IRMASOL)
Between June and July 2018, the Spanish Supreme Court has granted leave to proceed to several appeals in competition law cases by means of Orders that recognised the special cassation relevance of the ‘fortuitous discovery’ doctrine. In these appeals, the Supreme Court will analyse the (...)
The Hong Kong Competition Authority publishes its final guidelines on how it proposes to interpret and enforce the Competition Ordinance
Following the announcement that the Competition Ordinance (Cap 619) (Ordinance) will come into effect on 14 December 2015, the Competition Commission (Commission) and Communications Authority (collectively, the Competition Authorities) released the final guidelines to accompany the Ordinance (...)
Regulations
The EU Commission commences the implementation of the mandatory notification obligations under the Foreign Subsidies Regulation
As of October 12, 2023, notification obligations under the European Union’s (EU’s) groundbreaking Foreign Subsidies Regulation No. 2022/2560 (FSR) have started to apply, with wide-ranging implications for businesses operating in and with the EU. The FSR adds a third layer of EU filing (...)
The US Government unveils a proposal for an outbound investment regime to scrutinise China-bound tech investments
On August 9, 2023, the Biden Administration issued the long-awaited Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (the “EO”) and accompanying Advance Notice of Proposed Rulemaking (the “ANPRM”) setting (...)
The US FTC announces the withdrawal of two antitrust policy statements related to antitrust enforcement in healthcare markets
On July 14, 2023 the Federal Trade Commission (FTC) announced that it is withdrawing two antitrust policy statements related to antitrust enforcement in health care markets (the policy statements). Specifically, the FTC is withdrawing “safe harbors” for healthcare provider mergers, joint (...)
The EU Commission adopts the Implementation Regulation for reporting transactions and public bids under the Foreign Subsidies Regulation
In Short
The Situation: On July 10, 2023, the European Commission ("EC") adopted the Implementing Regulation ("IR") and the corresponding notification forms (Form FS-CO and Form FS-PP), which specify the information and documents companies will need to disclose as part of notifications under (...)
The EU Commission publishes an Implementing Regulation that contains procedural details and notification forms for the transactions that fall within the scope of the Foreign Subsidies Regulation
On 10 July 2023, the European Commission adopted and published on its website the EU Foreign Subsidies Regulation ("FSR") Implementing Regulation ("IR") and annexes, including the notification forms for concentrations (M&A) and public procurement. The IR will be published in the Official (...)
The Spanish Government approves a Royal Decree on foreign investments which introduces a new consultation regime and reduces the review period
On 4 July 2023, the Spanish Government approved Royal Decree 571/2023 on Foreign Investments (“Royal Decree”), with immediate effect from 1 September 2023, which introduces amendments to and provides further details on the screening mechanism for certain foreign direct investments (“FDI”) in (...)
The Spanish Parliament adopts a new direct foreign investment regime which is intended to update the procedure for declaring foreign investments and develop certain new features on the legal regime of capital movements and foreign economic transactions
In brief
The Spanish State Gazette published yesterday (BOE) contains the Royal Decree 571/2023, of 4 July, on Foreign Investments ("Royal Decree") which is intended to (i) update the procedure for declaring foreign investments for statistical and information purposes (both foreign (...)
The Spanish government adopts a new foreign direct investment implementing regulation that clarifies key concepts of the existing law and establishes review procedures, including a prefiling consultation period and an abbreviated review procedure
In Short
The Development: The Spanish government adopted a new foreign direct investment ("FDI") implementing regulation ("Regulation") that clarifies key concepts of the existing law, such as investment, investors, and sectors caught by the FDI screening regime. It establishes review (...)
The Spanish Parliament modifies the provisions for screening foreign investments and introduces a system of prior authorisation
The Spanish government approves a Royal Decree on foreign investments
On 5 July, Spain’s Official State Journal (Boletín Oficial del Estado, or BOE) published Royal Decree 571/2023, of 4 July, on foreign investments (RD 571/2023), which implements Law 19/2003, of 4 July, on the legal regime (...)
The EU Commission adopts Horizontal Block Exemption Regulations and Guidelines
On 1 June 2023 the EU Commission adopted its new horizontal block exemption Regulations (covering R&D agreements and Specialisation agreements) and Horizontal Guidelines (Guidelines). The new block exemption Regulations will apply as of 1 July 2023 (with a transitional period of two years (...)
The EU Commission adopts new Horizontal Cooperation Guidelines and publishes the final version of the R&D and Specialisation Block Exemption Regulations
The EU Commission (EC) has published its final revised Horizontal Cooperation Guidelines and adopted new R&D and Specialisation Block Exemption Regulations (HBERs). The EC’s aim is to provide more guidance for competitors wishing to cooperate in areas such as R&D and production, but (...)
The EU Commission adopts new Horizontal Guidelines which expands the distinction between buyer cartels and joint purchasing agreements
On 1 June 2023, the European Commission (“Commission”) adopted the final version of its new horizontals package, comprising revised Block Exemption Regulations on Research and Development Agreements and Specialisation Agreements and revised Guidelines on horizontal cooperation agreements (...)
The EU Commission adopts new Regulations and Guidelines for horizontal cooperation and provides details on the exemption requirements for sustainability agreements and information exchange
On 1 June 2023, the EU Commission has announced the adoption of updated Horizontal Block Exemption Regulations on Research and Development (R&D) and Specialization agreements (HBERs) and revised Horizontal Guidelines.
HBERs exclude certain horizontal agreements from the scope of Art. (...)
The EU Commission adopts new Horizontal Block Exemption Regulations and Horizontal Guidelines which set out the framework for the assessment of R&D agreements under EU competition law
On 1 June 2023, the European Commission (“Commission”) adopted the final version of its new horizontals package, comprising revised Block Exemption Regulations on Research and Development Agreements and Specialisation Agreements and revised Guidelines on horizontal cooperation agreements (...)
The US DoJ rescinds longstanding policy governing information exchanges in the healthcare sector
On 3 February 2023 the Department of Justice (DOJ) announced that it is withdrawing from certain policy statements related to antitrust enforcement in health care. Specifically, DOJ is withdrawing “safe harbors” for health care provider mergers, joint ventures, and joint purchasing (...)
The EU Parliament and Council adopt the Foreign Subsidies Regulation while introducing a new regulatory requirement in addition to merger control and foreign direct investment screening
INTRODUCING M&A AND PUBLIC PROCUREMENT NOTIFICATION REQUIREMENTS
WHAT’S NEW
On January 12, 2023, Regulation (EU) 2022/2560 of December 14, 2022, on foreign subsidies distorting the internal market entered into force. The Foreign Subsidies Regulation (FSR) puts into place a new (...)
The US DoJ issues its first business review letter under the expedited COVID-19 competitor collaboration review procedures permitting collaboration among medical equipment producing companies (McKesson / Owens & Minor / Cardinal Health / Medline Industries / Henry Schein)
On April 4, 2020, the Antitrust Division of the Department of Justice issued its first Business Review Letter under the DOJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical supply companies to work together to produce and distribute personal (...)
The Brazilian Federal Senate approves a bill which amends private legal relations and affects the enforcement of the Brazilian antitrust law during the COVID-19 outbreak
Tthe Brazilian Federal Senate approved last Friday (April 3rd) the Bill No. 1,179/20, which amends private legal relations during the Covid-19 pandemic and also affects the enforcement of Law No. 12,529/11 (“Brazilian Antitrust Law”). We highlight that the referred Bill is still subject to the (...)
The Indian Competition Authority issues Guidance note on “non-compete” clauses
CCI Issues Guidance note on “Non-compete” clause: An Overview*
Introduction
“Non-compete” obligations are frequently incorporated in M & A transactions to facilitate the effective implementation of a proposed combination. Non-compete obligations enable the Acquirer to secure complete (...)